RATHI PLASTIC INDUSTRIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. N. K. Agarwal, Sr. Advocate appearing for the petitioners and Mr. Amarnath Singh, SC 8 representing the State. Also present is Mr. Shivendra Kishore appearing for the Pollution Control Board.

(2.) ON 21.10.2002 the godown of the petitioners situate in Patna City was inspected by a team comprising members of the District Administration and officials from the State Pollution Control Board. In course of inspection a stock of plastic carry bags was found which according to the inspection team was of less than 20 microns in thickness and hence, not conforming to the specifications prescribed under The Recycled Plastic Manufacture and Usage Rules, 1999 framed by the Central Government under the Environment (Protection) Act, 1986 .

(3.) FROM the counter affidavit, it appears that the seizure was made in terms of section 3(2) read with section 25 of the Environment (Protection) Act, 1986 and the Recycled Plastics Manufacture and Usage, Rules, 1999 framed thereunder. It further appears that on the basis of the seizure a proceeding under the relevant provisions of the Environment (Protection) Act was instituted against the petitioners apart from a criminal complaint in which cognizance is said to have been already taken.